c suffered physical and mental injuries as a result of drinking ginger beer which had a decomposed snail in it. she could not sue in contract law.
3 of 18
what case established the three part test of establishing the existence of a duty?
caparo v dickman
4 of 18
what was the legal principle of this case?
proximity, foreseeability, fair just and reasonable
5 of 18
does a doctor owe a duty of care to a patient?
yes
6 of 18
why is this?
because it is part of his job- contractual duty
7 of 18
what is meant by breach of duty?
where the D's acts or omission falls below the standard of the reasonable person-an objective test
8 of 18
what was the legal principle of nettleship v weston?
held to the standard of a reasonable driver
9 of 18
what was the legal principle of bolton v stone?
where risk is small, there is no breach
10 of 18
what was the legal principle of paris v stepney borough council?
if consequences of harm are greater than normal then there is a higher standard of care, as with a one-eyed man
11 of 18
what was the legal principle of latimer v aec
only reasonable precaution need to be taken, unreasonable to expect closure of a factory after flooding
12 of 18
what was the legal principle of watt v hertfordshire c c?
there is the no breach of duty. the emergency of the situation and utility of the d's conduct in saving a life outweighed the need to take precautions
13 of 18
what standard of care should a doctor be judged by?
reasonable standard
14 of 18
what was the legal principle in Roe v Minister of health?
if risk of harm is not known then there is no breach, e.g. contaminated anaesthetic used, but risk of this is not known- foreseeability
15 of 18
what was the legal principle of wilsher v essex area health authority?
defendant was in breach of duty. a junior doctor owes the same standard of care as a qualified doctor
16 of 18
what was the legal principle of bolam v frien hospital management committee
standard is that of a competent expert. doctor was in breach of his duty
17 of 18
what was the legal principle in bolitho?
where evidence is given that other practioners would have adopted the method employed by the d it must be demonstrated that the method was based on logic and was defensible
18 of 18
Other cards in this set
Card 2
Front
what case established the neighbour principle?
Back
Donoghue v stevenson
Card 3
Front
what happened in this case?
Back
Card 4
Front
what case established the three part test of establishing the existence of a duty?
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